This Biweekly Mortgage Agreement (this "Agreement") governs the biweekly mortgage program (the "Program") offered by Hart Development, Inc. doing business as Interest Smart Financial, or its successors and assigns ("Administrator," "we," "us," or "our"). "You" and "your," refer to the person who signs the Enrollment Form and Electronic Debit Authorization ("Enrollment Form"), which is incorporated herby and made a part of this Agreement. The Enrollment Form authorizes periodic electronic withdrawals for the purpose of accelerating repayment of your loan or mortgage (your "Loan," and all documents describing the terms thereof, the "Loan Documents") identified in the Enrollment Form. The Program does not modify or change the terms of your Loan or your obligations there under. The provider of your Loan or any successor or assigns (the "Lender") may enforce Loan pursuant to the terms of the Loan Documents.
By signing the Enrollment Form, you authorize us to arrange for withdrawals from the bank account you identified on the Enrollment Form (your "Account"). You understand that all electronic transfers will be made by a third-party financial institution pursuant to a contract with Administrator. You authorize recurring withdrawals from your Account and understand that, as an account holder, you have the ability to adjust the amount of each Withdrawal and its frequency from monthly to biweekly or from biweekly to monthly.
You understand that in some instances there may be a delay in processing your enrollment. If we are unable complete your enrollment at least 10 business days prior to the due date of the monthly payment, you will be responsible to make such payment to your Lender for the next upcoming payment. Our obligation to make payments on your behalf arises only once we have successfully withdrawn from your bank account an amount equivalent to one full monthly payment at least 10 business days prior to the due date of the monthly payment.
If you elect to have your payments made using biweekly debits you understand that we will withdraw at least one half (1/2) of one full monthly payment amount every two weeks according to the schedule that you have selected. When we have collected an amount equivalent to at least one full monthly payment, we will forward such amount to your Lender. You understand that we may delay forwarding any payment amounts until the withdrawals have cleared from your Account. If either your payment due date or biweekly withdrawal date falls on a weekend or legal or banking holiday, the transaction will take place on the next business day. This delay will not change the date of the next monthly due date or biweekly withdrawal date. Although withdrawals occur from your Account biweekly, you understand that payments are made to your Lender only once each month. Thus, if we withdraw 26 biweekly amounts in a calendar year, you will have paid the equivalent of one extra monthly payment in a year. Approximately twice per year, there will be three biweekly withdrawals between payment due dates. The extra biweekly debit(s) will first be used to pay any outstanding Monthly Service Fees and/or Returned Debit Fees (see Section 3 below) and then will be forwarded to your Lender.
When you authorize us to withdraw funds from your Account before your monthly payment due date, you are voluntarily giving up the interest you might have otherwise earned on the transferred funds. In no event will we pay you any interest.
You understand that we do not receive any notices from your Lender, including those regarding the receipt of payments. You understand that it is your responsibility to ensure that your Lender receives each of the monthly payments on time and to notify us immediately of any payment-related issues. You agree to notify us within 10 calendar days after the monthly due date of any payment that was either not received by the Lender or not credited to your Loan. You understand that if you choose to make additional payments to the Lender on your own and outside of our Program (such as sending a check or money order directly to the Lender), you understand that it is your sole responsibility to ensure that any additional funds are being properly applied to your Loan. You agree to notify us of any changes to (1) your monthly payment amount, (2) your Account, or (3) any information about the Lender or your Loan, including but not limited to, your address or account numbers. You agree to provide notice to Administrator of any such change by either notifying Customer Service or by making the changes on administrator's web site no later than 10 days after your receipt of notice of such changes. You understand that your failure to inform us of any of these changes may result in late fees or other charges from your Lender and that you are solely responsible for paying any such charges. If your monthly payment amount changes, the new biweekly withdrawal amount will be effective in the month immediately preceding the date that your new monthly payment effective.
You agree to pay a $25.00 cancellation fee (in addition to all other amounts owed to Administrator) if you cancel your enrollment in the FreedomBiWeekly.com plan for any reason other than for completion of the program which results when your Loan is paid off.
You agree to pay a Monthly Service Fee of $9.95 each month payable on the first withdrawal of each month for services described in this Agreement. You understand that Monthly Service Fee is earned when received and is not refundable. You hereby grant Administrator authorization to withdraw the Monthly Service Fee your Account as described above until this Agreement is terminated.
If any withdrawal from your Account is returned unpaid for any reason whatsoever, you authorize Administrator to make a one time electronic fund transfer from your Account to collect a Returned Debit Fee the amount of which will be the lesser of $25.00 or the amount permitted by applicable state law. Administrator may, at its option, (i) add the amount of any Returned Debit Fee imposed to the amount of my next regularly scheduled biweekly debit, (ii) initiate one or more additional debit(s) to collect any unpaid Returned Debit Fee or (iii) deduct the amount of any unpaid Returned Debit Fee from the annual extra monthly payment described in Section 2.C above.
This Agreement will continue until the earliest of the date (i) your Loan is paid in full, (ii) you no longer own or have legal possession of the real estate identified in the Enrollment Form, or (iii) you or Administrator cancel or terminate this Agreement. I agree to notify Administrator if I no longer own or have legal possession of the Real Estate identified in the Enrollment Form. Should you choose to cancel this Agreement, you must provide thirty (30) days' advance written notice to Administrator and you will be charged the Cancellation Fee as described in Section 3.A. Upon termination of this Agreement, Administrator may immediately suspend your enrollment in the Program or terminate this Agreement without prior notice to you if (i) any withdrawal is returned unpaid for any reason, or (ii) if you do not comply with any of your obligations under this Agreement. If Administrator suspends your enrollment in the Program because of a returned withdrawal, the suspension will continue until you (a) pay any returned withdrawal amount and any and all fees associated with the withdrawal, or (b) have made your Loan current by sending a payment directly to your Lender and notified Administrator of such fact. We may reinstate your enrollment in the Program under the terms of this Agreement upon your written request at our sole discretion.
THE PROGRAM IS PROVIDED "AS IS" AND "AS AVAILABLE." ADMINISTRATOR WARRANTS THAT FUNDS WILL BE WITHDRAWN FROM YOUR BANK ACCOUNT AND FORWARDED TO YOUR LENDER IN PAYMENT ON YOUR LOAN PURSUANT TO THE TERMS OF THIS AGREEMENT (INCLUDING THE ENROLLMENT FORM). ADMINISTRATOR MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, OR AS TO YOUR SAVINGS UNDER THE PROGRAM. YOU UNDERSTAND THAT YOU, NOT ADMINISTRATOR, ARE SOLELY RESPONSIBLE FOR THE PAYMENT OF YOUR LOAN AND ANY ASSOCIATED FEES. ADMINISTRATOR WILL NOT BE LIABLE FOR ANY COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES OR FOR ANY CLAIM OR DEMAND AGAINST IT BY ANY OTHER PARTY. IN NO EVENT WILL ADMINISTRATOR BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF ADMINISTRATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
By your signing the Enrollment Form, you certify that you understand the following. All calculations used to determine the benefits are based on estimates of your Loan terms. Actual benefits may vary based on changes to your Loan, timing of withdrawals, and other factors. "Equity Acceleration" refers to the estimated decrease in the amount of time required to pay off your Loan when compared to making the standard monthly payments provided in your Loan Documents. Depending on the amounts, interest rates, and terms of your Loan, in some instances the fees charged by Administrator may exceed your actual interest savings. If you were presented an "Effective Rate," this rate does not reflect the Program fees and is not an actual applicable interest rate or APR. The "Effective Rate" is calculated by applying the percent decrease in interest charges to the actual interest rate. This is only an illustration of potential savings.
No modification of this Agreement will be binding upon either party unless the modification is in writing and signed by a duly authorized representative of both parties. Administrator's failure to insist, in any one or more instances, upon performance hereunder, or to exercise any right hereunder, is not a waiver of the future performance of any term, covenant or condition or the future exercise of such rights. If any provision of this Agreement is unenforceable, such unenforceability will not affect the remainder of this Agreement unless a failure of consideration would thereby result. This Agreement will be binding upon and, except as otherwise provided herein, will endure to the benefit of the parties hereto and their respective successors and assigns. Your obligations under this Agreement will survive any expiration or termination of this Agreement. The rights and remedies granted herein are in addition to those otherwise available in equity. The terms and conditions of this Agreement and of any payments made pursuant hereto are performable in Salt Lake City, State of Utah. You understand and agree that we may assign our rights and obligations under this Agreement without your consent. You also understand that you may not assign your rights or obligations under this Agreement.
In connection with our program it is necessary for us to obtain and hold detailed information which personally identifies you and/or contains information or an opinion about you ("Personal Information"). Our ability to provide you with a customized program is dependent on us obtaining certain Personal Information about you; including, but not limited to:
Details of your financial needs and objectives; Details of your current financial circumstances, including your assets and liabilities (both actual and potential), income, and expenditures; Information about your employment history and employment circumstances; Failure to provide the personal information referred to above may affect the adequacy or appropriateness of the Program. We will only collect, maintain and use Personal Information about you that we deem necessary for us to adequately provide to you the services you have requested.
We will not collect any Personal Information about you except when you have knowingly provided that information to us or have authorized a third party to provide that information to us. Collection of your Personal Information will be effected in either face-to-face interviews, over the telephone or online using one of our standardized questionnaires. From time to time additional and/or updated personal information may be collected through one or more of those methods.
We will not use or disclose Personal Information collected by us for any purpose other than:
The purposes for which it was provided or secondary related purposes in circumstances where you would reasonably expect such use or disclosure; or otherwise if you have consented to such disclosure. In order to ensure that you receive a personal and tailored service, your Personal Information may be transferred to one of our authorized representatives who will be your primary point of contact for purposes of facilitating and arranging the services you requested. You can be assured that your Personal Information will be maintained by any representative and Administrator in accordance with this policy.
In the event that we propose to sell our business we may disclose your Personal Information to potential purchasers for the purpose of them conducting due diligence investigations. Any such disclosure will be made in confidence and it will be a condition of that disclosure that no personal information will be used or disclosed by them. In the event that a sale of our business takes place, we may transfer your Personal Information to the purchaser of the business. As a client you will be advised of any such transfer.
We will at all times seek to ensure that the Personal Information collected and held by us is protected from misuse, loss, unauthorized access, modification or disclosure. At all times your Personal Information is treated as confidential and highly sensitive information. All computer-based information is protected through the use of user names and access passwords.
You shall have access to and may change your Personal Information through your confidential user name and password.
In the event we refuse you access to your Personal Information, we will provide you with an explanation for that refusal.
If you believe you are a victim of fraud or identity theft, please contact us at 1-800-578-7097 or support@FreedomBiWeekly.com for assistance, which may include placing holds on your accounts
We are committed to customer protection, which includes protecting personal information about you as well as providing you with ways to protect yourself.
If you believe you may be a victim of identity theft:
Contact the Social Security Administration's Fraud Hotline at (800) 269-0271 to report fraudulent use of your identification information.
Report the incident as quickly as possible to any one of the credit reporting agencies:
|Trans Union||(800) 680-7289|
You should review your current credit bureau report to identify any unauthorized accounts or inquiries and ask the credit reporting agency about placing a Victim Alert Flag on your files.
File a police report in your local jurisdiction and retain the report number and the name of the officer who took the report. File a complaint with the Federal Trade Commission (FTC) by contacting the FTC's Identity Theft Hotline: (877) IDTHEFT.
|Mailing Address:||3154 West Teton Heights Ct.
South Jordan, UT 84095
You will receive a full refund of your enrollment fees paid provided that you email, fax or mail written notice to us within 3 days of your enrollment date into our program notifying us that you wish to cancel your service with us. Failure to file such a refund request within the time allotted will result in your forfeiture of a refund. Monthly service fees are not eligible for refund.
Your signature (including any electronic or digital signature) on the Enrollment Form represents your signature on this Agreement.